Diocesan Stipends Funds Measure 1953 (No.2)

Diocesan Stipends Funds Measure 1953

1953 No.2 1_and_2_Eliz_2

A Measure passed by the National Assembly of the Church of England.

To make further provision in relation to diocesan stipends funds established by the Reorganisation Areas Measure, 1944, and the Pastoral Reorganisation Measure, 1949, and for that purpose to amend those Measures and for purposes connected therewith.

[26th March 1953]

Annotations:
Commencement Information
I1	Measure wholly in force at 1.4.1953 see ss. 11(2), 8(1).

[ F1 1.

Capital and income accounts of diocesan stipends funds.

The diocesan board of finance of each diocese shall keep two accounts for the diocesan stipends fund, namely, a capital account and income account. ]

Annotations:
Amendments (Textual)
F1	S. 1 and sidenote substituted (1.1.2001) by 2000 Measure No. 1, ss. 1(1)(a), 4, Sch. 2 para. 2; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

Moneys to be allocated to capital and income accounts.

F2 . . . The [ F3 diocesan board of finance of each diocese shall ] : —

(a)

allocate to the capital account of [ F4 the ] diocesan stipends fund — F5 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) any legacy not expressly directed or declared to be applicable as income and any donation or other contribution expressly directed or declared to be applicable as capital which may from time to time be received for the credit of or be allocated to that fund under the provisions of [ F6 a pastoral scheme made under the Pastoral Measure 1983 or any other scheme having effect as if it were such a scheme ] ; and

(iii) any other money or property received for the credit of that fund which the [ F7 diocesan board of finance after consultation with the bishop ] may determine to be of a capital nature; and

[ F8 ( iv ) any moneys standing to the credit of the income account of the fund which the [ F9 diocesan board of finance decides ] to transfer to the capital account of that fund; and ]

(b)

allocate to the income account of [ F10 the ] diocesan stipends fund — F11 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) any legacy expressly directed or declared to be applicable as income and any donation or other contribution not expressly directed or declared to be applicable as capital which may from time to time be received for the credit of or be allocated to that fund under the provisions of [ F12 a pastoral scheme made under the Pastoral Measure 1983 or any other scheme having effect as if it were such a scheme ] ;

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

F11 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v) any other money or property received for the credit of that fund which the [ F14 diocesan board of finance after consultation with the bishop ] may determine to be applicable as income.

Annotations:
Amendments (Textual)
F2	Words in s. 2 repealed (1.1.2001) by 2000 Measure No. 1, s. 20, Sch. 8 Pt. I; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
F3	Words in s. 2 substituted (1.1.2001) by 2000 Measure No. 1, s. 4, Sch. 2 para. 3(a); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
F4	Word in s. 2 substituted (1.1.2001) by 2000 Measure No. 1, s. 4, Sch. 2 para. 3(b)(i); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
F5	S. 2(a)(i) omitted (1.1.2001) by virtue of 2000 Measure No. 1, s. 4, Sch. 2 para. 3(b)(ii); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
F6	Words in s. 2(a)(ii) substituted (1.1.2001) by 2000 Measure No. 1, s. 4, Sch. 2 para. 3(b)(iii); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
F7	Words in s. 2(a)(iii) substituted (1.1.2001) by 2000 Measure No. 1, s. 4, Sch. 2 para. 3(b)(iv); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
F8	S. 2( a )(iv) inserted by Endowments and Glebe Measure 1976 (No. 4), s. 35(1)
F9	Words in s. 2(a)(iv) substituted (1.1.2001) by 2000 Measure No. 1, s. 4, Sch. 2 para. 3(b)(v); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
F10	Word in s. 2(b) substituted (1.1.2001) by 2000 Measure No. 1, s. 4, Sch. 2 para. 3(c)(i); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
F11	S. 2(b)(i)(iv) omitted (1.1.2001) by virtue of 2000 Measure No. 1, s. 4, Sch. 2 para. 3(c)(ii); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
F12	Words in s. 2(b)(ii) substituted (1.1.2001) by 2000 Measure No. 1, s. 4, Sch. 2 para. 3(c)(iii); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
F13	S. 2( b )(iii) repealed by Endowments and Glebe Measure 1976 (No. 4), Sch. 8
F14	Words in s. 2(b)(v) substituted (1.1.2001) by 2000 Measure No. 1, s. 4, Sch. 2 para. 3(c)(iv); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

F15 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:
Amendments (Textual)
F15	S. 3 repealed (1.1.2001) by 2000 Measure No. 1, s. 20, Sch. 8 Pt. I; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

[ F16 4. — ( 1 ) Subject to any charges imposed on the capital of the diocesan stipends fund of a diocese by any enactment or any scheme or order made under any enactment, moneys standing to the credit of the capital account of that fund may, at the discretion of the [ F17 diocesan board of finance with the concurrence of the bishop ] , be applied for any or all of the following purposes: —

( a )

the acquisition of any land to be held by the board as part of the diocesan glebe land of the diocese;

[ F18 ( aa )

investment in any subsidiary of the board under a scheme made under section 19A of the Endowments and Glebe Measure 1976; ]

( b )

the development or improvement of any such land and the safeguarding of the amenities thereof;

[ F19 ( ba )

participation in any collective investment scheme operated for the purposes of this paragraph by the Commissioners;

( bb )

investment in any investments fund or deposit fund constituted under the Church Funds Investment Measure 1958;

[ F20 ( bc )

investment in any investments in which trustees may invest under the general power of investment in section 3 of the Trustee Act 2000 ( as restricted by sections 4 and 5 of that Act ) ; ] ]

( c )

the discharge of any expense of a capital nature levied under any enactment and payable by the diocesan board of finance as the person for the time being entitled to the interest in any such land by reference to which the expense was levied;

( d )

the discharge of any principal or interest owing in respect of any loan made in respect of any such land; and

[ F21 ( dd )

the provision or improvement of parsonage houses; ]

( e )

the discharge of any principal or interest owing in respect of any loan made to the board by the Commissioners under section 36 of the M1 Endowments and Glebe Measure 1976.

( 2 ) In this section “ development ” , in relation to a building, includes the division or demolition thereof and “ diocesan glebe land ” has the same meaning as in the M2 Endowments and Glebe Measure 1976. ]

Annotations:
Amendments (Textual)
F16	S. 4 substituted by Endowments and Glebe Measure 1976 (No. 4), s. 35(2)
F17	Words in s. 4(1) substituted (1.1.2001) by 2000 Measure No. 1, s. 4, Sch. 2 para. 4(a); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
F18	S. 4(1)(aa) inserted (1.1.2001) by 2000 Measure No. 1, s. 4, Sch. 2 para. 4(b); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
F19	S. 4(1)(ba)(bb)(bc) inserted (1.1.1999) by 1998 No. 1, ss. 13(1), 15,19981014 Sch. 5 para. 1(a); Instrument dated 14.10.1998 made by Archbishops of Canterbury and York
F20	S. 4(1)(bc) substituted (1.2.2001) by 2000 c. 29, s. 40(1), Sch. 2 Pt. II para. 51 (with s. 35); S.I. 2001/49, art. 2
F21	S. 4(1)(dd) inserted (Provinces of Canterbury and York except Channel Islands and Isle of Man) (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 17(1), Sch. 3 para. 6; Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York.
Modifications etc. (not altering text)
C1	S. 4 restricted by Endowments and Glebe Measure 1976 (No. 4), s. 37(2)
Marginal Citations
M1	1976 No. 4.
M2	1976 No. 4.

[ F22 5. — ( 1 ) Subject to any charges imposed on the income of the diocesan stipends fund of a diocese by any enactment or any scheme or order made thereunder, moneys standing to the credit of the income account of that fund shall be applied —

( a )

in providing or augmenting the stipends or other emoluments of incumbents, assistant curates licensed under seal and other persons who are declared by the bishop to be engaged in the cure of souls within the diocese;

[ F23 ( aa )

in meeting expenses incurred in repairing and maintaining parsonage houses; ] and

[ F24 ( ab )

in paying secondary Class 1 contributions under section 6 of the Social Security Contributions and Benefits Act 1992 in respect of ministers of the Church of England who are not employed under a contract of service; and ]

( b )

in defraying the expenses incurred by the sequestrators of any benefice in the diocese in the discharge of their functions.

( 2 ) The said moneys shall be so applied in accordance with directions from time to time given, with the concurrence of the Diocesan Board of Finance, by the bishop or a person duly authorised for that purpose by him.

( 3 ) Any directions which the bishop or the person so authorised gives under subsection ( 2 ) above with respect to the application of the said moneys in providing or augmenting the stipends or other emoluments of the persons mentioned in subsection ( 1 ) above shall be consistent with any directions given by the Commissioners, in the exercise of their functions as the Central Stipends Authority, with respect to the forms and levels of the pay of those persons.

( 4 ) Subject to subsection ( 3 ) above, the bishop or the person so authorised shall, in determining the directions to be given under subsection ( 2 ) above, have regard to any advice given by the [ F25 Archbishops ’ Council ] with respect to the application of the said moneys. ]

Annotations:
Amendments (Textual)
F22	S. 5 substituted by Endowments and Glebe Measure 1976 (No. 4), s. 9
F23	S. 5(1)(aa) inserted (Provinces of Canterbury and York except Channel Islands and Isle of Man) (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 17(1), Sch. 3 para. 7; Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York.
F24	S. 5(1)(ab) inserted (1.1.1999) by 1998 No. 1, ss. 13(1)(b), 15; Instrument dated 14.10.1998 made by Archbishops of Canterbury and York
F25	Words in s. 5(4) substituted (1.1.2001) by 2000 Measure No. 1, s. 4, Sch. 2 para. 5(b); Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York
Modifications etc. (not altering text)
C2	S. 5 restricted by Endowments and Glebe Measure 1976 (No. 4), s. 37(2)

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

Annotations:
Amendments (Textual)
F26	S. 6 repealed by Pastoral Measure 1968 (No. 1), Sch. 9

Accounts.

So soon as may be after the close of every year the [ F27 diocesan board of finance of each diocese shall furnish to the Commissioners and the Archbishops ’ Council a duly audited copy of the capital account and the income account of the diocesan stipends fund in such form as that Council may prescribe ] .

Annotations:
Amendments (Textual)
F27	Words in s. 7 substituted (1.1.2001) by 2000 Measure No. 1, s. 4, Sch. 2 para. 6; Instrument dated 14.12.2000 made by the Archbishops of Canterbury and York

Interpretation.

— (1) In this Measure the following expressions have the meanings hereby respectively assigned to them: —

“ the appointed day ” means the first day of April next following the passing of this Measure.

“ the M3 Measure of 1944 ” means the Reorganisation Areas Measure 1944.

“ the M4 Measure of 1949 ” means the Pastoral Reorganisation Measure 1949.

“ the bishop ” means the bishop for the time being of the diocese concerned . . . F28

“ the diocesan board of finance ” means the diocesan board of finance of the diocese concerned.

[ F29 “ parsonage house ” has the same meaning as in the Endowments and Glebe Measure 1976 ]

(2) In paragraph ( c ) of sub-section (1) of section seventeen of the Measure of 1944 and in sub-section (7) of section five and sub-section (4) of section twelve of the Measure of 1949 and in this Measure the expression “ year ” means a period of twelve months beginning on the first day of April in any year and ending on the thirty-first day of March in the year following.

Annotations:
Amendments (Textual)
F28	Words repealed by Church of England (Miscellaneous Provisions) Measure 1976 (No. 3), Sch. Pt. II
F29	Definition in s. 8(1) inserted (Provinces of Canterbury and York except Channel Islands and Isle of Man) (1.6.1992) by Church of England (Miscellaneous Provisions) Measure 1992 (No. 1), s. 17(1), Sch. 3 para.8;Instrument dated 27.5.1992 made by the Archbishops of Canterbury and York.
Marginal Citations
M3	1944 No. 1 (7 & 8 Geo. 6).
M4	1949 No. 3.

Provisions as to diocesan boards of finance not regularly constituted.

— (1) Where in any diocese there is a board of finance which, though not duly constituted in accordance with the provisions of the M5 Diocesan Boards of Finance Measure 1925 is recognised for the purpose of this Measure as being the diocesan board of finance, the provisions of this Measure shall apply in relation to that diocese as if the said board had been duly constituted.

(2) In this section the expression “ recognised ” means recognised by a certificate signed by the bishop and registered in the diocesan registry.

Annotations:
Marginal Citations
M5	1925 No. 3.

10.

Repeals.

Sub-sections (2) and (3) of section thirty of the Measure of 1944 and sub-sections (2) and (3) of section eleven of the Measure of 1949 are hereby repealed.

Annotations:
Modifications etc. (not altering text)
C3	The text of s. 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

11.

Short title and commencement.

— (1) This Measure may be cited as the Diocesan Stipends Funds Measure 1953.

(2) This Measure shall come into operation on the appointed day.

Version no	Start date	End date	Extent	Confers power	Blanket amendment
> 1	01/02/1991		E	N	N

	[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	United Kingdom Legislation
You are here: BAILII >> Databases >> United Kingdom Legislation >> Diocesan Stipends Funds Measure 1953 (No.2) URL: http://www.bailii.org/uk/legis/num_act/1953/1520570.html

United Kingdom Legislation